How long does a title company have to submit a new title to the registrar of deeds?
December 13th, 2008 | by Rick |
cutiemamaof3 asked:
We purchased a home in June, and have recently discovered that the title has not been registered with the registrar of deeds office in our county (Mecklenburg). We called the title company, and evidently they sent the title via snail mail in late August 2006. Is it standard for a title company to wait almost two months before submitting a title to the registrar of deeds? Are they supposed to just send it through the mail? Since now it appears there has been a problem, what rights do we have in order to hold the title company responsible for making sure the situation is handled? Thanks so, so much for your help!
Mecklenburg County, North Carolina
SILAS
We purchased a home in June, and have recently discovered that the title has not been registered with the registrar of deeds office in our county (Mecklenburg). We called the title company, and evidently they sent the title via snail mail in late August 2006. Is it standard for a title company to wait almost two months before submitting a title to the registrar of deeds? Are they supposed to just send it through the mail? Since now it appears there has been a problem, what rights do we have in order to hold the title company responsible for making sure the situation is handled? Thanks so, so much for your help!
Mecklenburg County, North Carolina
SILAS
4 Responses to “How long does a title company have to submit a new title to the registrar of deeds?”
By ALLEN on Dec 15, 2008 | Reply
EUGENIO
A closing agent should “promptly” record all instruments to minimize the possibility of some other instrument erroneously or intentionally impairing title. If the closing agent (here, the title company) unreasonably delays recording they would be liable for any resulting damages. Knowing the laid back way business is conducted in NC, I’m not surprised that things sit on desks for weeks. While I think two months is way over excessive, you have not indicated you have suffered any damage by the delay, and it is unlikely you will. The only suggestion I have is to complain to your mortagage lender about their delay. They provide a lot of business & will probably be none too happy about such lazy business practices.
By LUCAS on Dec 15, 2008 | Reply
EUGENE
I work for a title company in Illinois. We never hold a deed for recording unless there is some specific problem with the deed that it can’t be recorded. In that case we ALWAYS contact the party who sent it to us to correct the problem. If we close a transaction we immediately forward the deed for recording. We are in the same town the court house is in so we don’t usually have an issue with the mail, however if we have to send something for recording in another county we always send it overnight delivery. Did the title company do your closing? Do you have a lender involved? If the title company did the closing they should see that the deed is recorded. If you have a lender involved contact the lender and tell them what’s going on. If you had an attorney represent you for the closing, contact your attorney. Until your deed goes on record you have a sever issue.
By BLAKE on Dec 16, 2008 | Reply
ALPHONSO
I am very surprised to hear this. This should not have happened whether you are in a lay back place or not. Recording of the title immediately is to prevent someone else adding something to the title before your name is recorded as the owner and that your bank loan is in the first position. Very often, closing funds are withheld until recording is done just to make sure the buyer and the bank is protected.
If someone clouded the title by adding someone’s name or lien to the property, the the title company will have to clear it or to compensate you for it. However, if no one did anything to mess up your title, your only recourse may be to tell your bank and attorney not to use these guys again.
By LESLIE on Dec 19, 2008 | Reply
JAMIE
The title company should do it promptly, but I had a case where it was close to THREE months before the deed was recorded. There is very little recourse unless someone has done something to negatively affect title in the interim, which is unlikely. If that has happened then the title company can be held responsible for rectifying the situation.
You will probably have to keep making phone calls and following up until it is done. You should notify whoever recommended this title company (lender, agent, etc.) so they can save themselves and others from this problem in the future by avoiding this company.
Waiting 2 months and then MAILING it (rather than recording it in person) is pretty bad, though. Make sure you get a copy of the recorded deed confirmation for your own records.